PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
APN PRODUCT TERMS
1. DEFINITIONS
1.1 Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
1.2 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto-
1.2.1 "APN" means application provider network;
1.2.2 "Data" means the information which is sent, received and/or transmitted via the APN Network and shall for these purposes not include voice;
1.2.3 "Data Bundle" means the total amount of Data selected by Customer in the Application Form for transmission by MWEB;
1.2.4 "Equipment" means the 3G Modem, Data Card, router (including software, hardware, cables, connectors, programmes, interfaces, associated media, printed materials, and/or on-line or electronic documentation associated with it) which meets the requirements of the APN Services selected by Customer in the Application Form, which equipment is either: (i) provided by Customer; or (ii) owned by MWEB and rented to Customer in terms of the Equipment Rental Product Terms or sold by MWEB to Customer in terms of the Equipment Purchase Product Terms and/or Equipment Rent To Own Product Terms; or (iii) owned by Vodacom and subleased to Customer by MWEB which will be installed at Customer's premises to provide connectivity to the PE Routers via the MPLS Network in order to enable connectivity to the APN Network to which the Equipment connects via APN link and which are situated on the edge of the APN Network;
1.2.5 "Services" means the APN services which MWEB renders to Customer in accordance with Customer's selection as indicated in the Application Form under such heading or description;
1.2.6 "Vodacom" means Vodacom (Pty) Ltd and/or its successors.
2. DURATION
2.1 The Services shall commence with effect from the Activation Date and endure for a period of 24 (twenty four) months (hereinafter referred to as the "Initial Period"). Notwithstanding the aforesaid, the provisions of the General Terms and Conditions pertaining to termination shall apply.
2.2 Either Party may terminate the Services at the end of the Initial Period by giving the other Party 3 (three) calendar months written notice of termination prior to the end of the Initial Period. Any notice of termination given by Customer during the Initial Period shall only become effective upon the expiry of the Initial Period.
3. PAYMENT
3.1 Customer shall pay MWEB the Services Fees specified in the Application Form in accordance with the provisions set out in the General Terms and Conditions.
3.2 MWEB shall be entitled to levy usage charges for the APN traffic in excess of the Data Bundle selected by Customer in the Application Form. MWEB shall invoice Customer monthly in arrears for any excess usage at the Out Of Bundle Rates specified in the Application Form.
4. TERMS AND CONDITIONS SPECIFIC TO THE SERVICES
4.1 MWEB shall as part of the Services, provide Customer with: (i) access to the APN Network; (ii) Data Bundle specified in the Application Form; and (iii) access link specified by Customer in the Application Form.
4.2 SIM Card is required to access and use the Services.
4.3 Equipment is required to enable access to the APN Network.
4.4 Only the Equipment can be configured and used to connect Customer's computer systems to enable dual access to the Services.
4.5 SIM Card and and/or Equipment is required for each Customer branch that will be enabled to access Services.
4.6 SIM Card is only enabled to transverse Data.
4.7 SIM Card cannot support dual SIM Card functionality.
4.8 SIM Card is not allowed to be used to access the Internet.
4.9 SIM Card is not allowed to be used to make voice calls.
4.10 Customer is responsible for ensuring that his/her/its users, employees, agents and/or contractors having access to the SIM Card shall not use the SIM Card to make voice calls and/or to browse the Internet.
4.11 Customer (including his/her/its users, employees, agents and/or contractors) is not allowed to contact Vodacom directly to enable the SIM Card to make voice calls and/or to browse the Internet and/or breakout.
4.12 Should Customer require Internet browsing and/or breakout, Customer will have to subscribe for such services directly with MWEB.
4.13 The nature and specifications of Services is known to Customer and accepts that the Services is suitable for the purpose Customer intends to use it.
4.14 The Services may be impaired whilst Customer is using his/her/its Services to upload or download Data;.
4.15 Services are intended to be used only to transverse Data.
4.16 MWEB does not warrant, represent and/or guarantee that the SIM Card: (i) does not have voice capability and/or will not transmit and/or receive voice; (ii) cannot browse the Internet and/or breakout. In the event that Customer: (i) makes, receives and/or transmits voice telecommunication calls via the SIM Card; and/or (ii) browses the Internet and/or breakout via the SIM Card, Customer shall be held liable for the costs of such calls and/or Internet browsing and breakout at the price chargeable by mobile service operators.
4.17 Included in the Services is the monitoring software which Customer shall use to monitor usage.
4.18 Although MWEB provides Customer with access to the monitoring system, MWEB does not warrant, represent and/or guarantee in any manner whatsoever that the usage results produced by the monitoring system are correct, up-to-date, error-free and/or reliable. Should there be any discrepancy between the result produced by the monitoring system and/or the usage amount reflected in the invoice, MWEB shall as soon as it becomes aware of such discrepancy compile a report for the correct usage for such period and send Customer the duly updated usage invoice which Customer agrees to pay in accordance with the provisions of the General Terms;
4.19 MWEB does not in any manner whatsoever guarantee that the Data will be limited according to the Data Bundle and should Customer including any of its User exceed the Data Bundle, Customer will be charged the Out Of Bundle Rates for the usage in excess of the Data Bundle.
4.20 Customer is not allowed to upgrade and/or downgrade the Data Bundle during the Initial Period.
4.21 Should Customer reach his/her/its Data Bundle in a month, Customer shall not be allowed to upgrade to another Data Bundle until the expiry of the Initial Period.
4.22 Customer shall not be allowed to downgrade to a lower Data Bundle until the expiry of the Initial Period.
5. ACTIVATION OF THE SERVICES
5.1 The implementation, activation and provision of the SIM Card is inter alia subject to the activation of the Data Card by Vodacom.
5.2 MWEB does not have any control over such activation by Vodacom and therefore cannot:
5.2.1 be held responsible for any failure and/or delay caused in the activation of the SIM Card by Vodacom to enable access and use of the Services; and
5.2.2 without limiting the generality of the General Terms, be responsible for any damages, loss including without limitation direct, indirect, incidental, special, punitive or consequential loss, loss of profit, loss of anticipated savings or loss or goodwill, directly and/or indirectly suffered or incurred by Customer as a result of any failure and/or delay caused in the activation of the SIM Card by Vodacom and/or delivery of the Equipment.
5.3 MWEB shall however, if applicable, use its reasonable commercial endeavours to attend to such failures and/or delays in terms of any obligations placed on it in terms of these Product Terms.
5.4 Implementation and activation of the Services might not be effected on the dates provided to Customer by MWEB and Customer shall therefore not terminate the Agreement and/or the MWEB Terms as a result of any failure and/or delay caused by either MWEB and/or Vodacom with regard to the implementation and activation of the Services, provided MWEB uses its reasonable commercial endeavours to implement and activate the Service within a reasonable time.
5.5 The parties undertake to do all such things, perform all such acts and take all such steps and procure the doing of all such things, performance of all such acts and the taking all of such steps as may be necessary, incidental or conducive to the implementation of the terms and conditions of this Agreement. In particular, Customer shall accept installation of and provision of the required Service(s) whenever tendered by MWEB.
5.6 SIM Card provided to Customer are never owned by Customer but rented to Customer in terms of the provision of these Product Terms and the Vodacom terms applicable to such SIM Card.
5.7 The risk of loss, theft and use of the SIM Card by any person other than Customer and/or his/her/its duly authorised users shall pass to Customer upon delivery of the SIM Card.
5.8 MWEB shall not in any manner whatsoever be held responsible for any usage of the SIM Card by any person other than person(s) authorised by Customer to access and use the SIM Card.
5.9 Customer shall remain responsible for the payment of any usage charges chargeable for the transmission of any APN traffic including any APN traffic in excess of the Data Bundle selected by Customer in the Application by any unauthorised person;
5.10 MWEB shall not be responsible for:
5.10.1 any data that is used, deleted, stolen, removed and/or lost from Customer's network whilst the card is stolen, misplaced and/or being accessed and/or used by any unauthorised person(s);
5.10.2 access to Customer's network by any unauthorised person(s);
5.10.3 any changes, amendments and/or modifications made to Customer's network by any unauthorised person;
5.11 It is Customer's responsibility to immediately report any SIM Card that is lost, misplaced and/or stolen to MWEB and such report shall be made either in writing and/or telephonically via MWEB's client services department.
5.12 The theft, loss and/or misplacing of any SIM Card provided to Customer shall not interrupt Customer's obligation to pay the monthly Services Fees including any fee chargeable for APN traffic transmitted in excess of the Data Bundle selected by Customer in the Application Form to MWEB.